Section 57–60 · 4 provisions
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
SEC. 57. Grounds for the Grant of Compulsory Licensing. -Any interested person may file a petition for compulsory license with the Board at any time after two (2) years from the grant of the Certificate of Plant Variety Protection under this Act when it is for the public interest to grant such compulsory license, and:
The reasonable requirements of the public for any part of the variety are not met; or
There is an overseas market for the sale of any part of the variety and the same are not met by the holder; or
The plant variety developed relates to or required in the production of medicine and/or any food preparation.
Scope of Compulsory License.
SEC. 58. Scope of Compulsory License. - The Board, upon petition by any interested party and upon proof of any of the foregoing grounds, may issue a decision:
Allowing the petitioner to produce in commercial quantity and distribute the variety protected or any part thereof; or
Requiring the holder to ensure the availability of the propagating materials of the variety protected; or
Requiring the petitioner to pay the holder with license fees in the form of reasonable royalties; and
Other such additional remedies as the Board may determine to be consistent with appropriate circumstances.
Duration of the License.
SEC. 59. Duration of the License. - A compulsory license shall be effective until the ground(s) for its issuance has been terminated as determined by the Board motu proprio or upon petition by party or parties and resolution by the Board.
Procedure for Grant.
SEC. 60. Procedure for Grant. - The Board shall provide in the rules and regulations the manner and procedure for granting compulsory licenses.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
